MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Fees and Salaries of Public Officers; Appropriations

By: Representative Guice

AN ACT TO AMEND SECTION 25-3-33, MISSISSIPPI CODE OF 1972, TO INCLUDE IN THE OMNIBUS PAY SECTION THE SALARY OF EACH APPOINTED OFFICIAL WHO WORKS ON A FULL-TIME BASIS IN THE CAPACITY OF AGENCY HEAD, EXECUTIVE DIRECTOR OR ADMINISTRATOR OF ANY STATE DEPARTMENT, AGENCY BOARD OR COMMISSION; TO AMEND SECTIONS 25-9-115, 25-9-119, 25-11-15, 31-3-11, 37-3-9, 37-33-159, 45-5-5, 57-1-5, 69-7-111, 69-15-7, 73-1-11, 73-5-3, 73-7-3, 73-11-49, 73-15-17, 73-21-79, 73-43-13, 75-76-15, 75-76-5 AND 77-2-7, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; TO AMEND SECTION 25-3-39, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE SALARIES OF CERTAIN STATE OFFICERS AND ADMINISTRATORS SHALL NOT EXCEED THE AMOUNT OF THE GOVERNOR'S SALARY UNLESS AUTHORIZED IN CERTAIN CODE SECTIONS BY THE LEGISLATURE; AND FOR RELATED PURPOSES. 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 25-3-33, Mississippi Code of 1972, is amended as follows:

25-3-33. The annual salaries of the following appointive state and district officials and employees are * * * fixed as follows:

Deputy Attorney General, not to exceed 57,200.00

Assistant Attorneys General, * * * salaries

in an amount to be fixed by the Attorney

General, but not to exceed 52,800.00

Adjutant General, Military Department -

National Guard: 50,400.00

Commissioner, Department of Banking and

Consumer Finance: 59,200.00

Chairman of the State Tax Commission

(Commissioner of Revenue) 70,000.00

Associate Commissioners, each 38,400.00

Director of Emergency Management Agency 43,600.00

Highway Safety Patrol:

Commissioner of Public Safety 58,000.00

Chief of Highway Patrol 49,600.00

Director, Department of Human Services,

not to exceed 75,421.00

Workers' Compensation Commission:

Members, each 64,000.00

Executive Director 56,600.00

Administrative Judge, each 52,800.00

Director, Archives and History, not to exceed 58,000.00

State Forester 60,200.00

Secretary-Supervisor,

State Oil and Gas Board 61,600.00

Executive Director, Educational Television

Authority 58,000.00

Director, Mississippi Library Commission,

not to exceed 58,000.00

Executive Secretary, Public Service Commission 43,600.00

Parole Board:

Chairman 46,000.00

Administrative Assistant for Parole Matters 39,600.00

Members, each 43,000.00

Coordinator Federal State Programs,

Governor's Office-Federal State Programs 55,440.00

Director, Governor's State Bond Advisory

Division 46,200.00

Executive Director, Employment Security Commission,

not to exceed 61,600.00

Executive Director, Department of Mental Health,

to be determined by the State Board of

Mental Health, not to exceed 72,300.00

Director, Division of Medicaid,

not to exceed 66,000.00

Director, State Department of Transportation,

not to exceed 80,125.44

State Entomologist 52,800.00

Supreme Court: Clerk 47,200.00

State Librarian 55,122.00

State Aid Engineer, Division of

State Aid Road Construction 59,346.00

Executive Director, Judicial Performance

Commission 51,156.00

Executive Director, Department of Finance

and Administration 75,760.00

Superintendent, Mississippi School for the Blind,

to be determined by the State Board of

Education, not to exceed 60,000.00

Superintendent, Mississippi School for the Deaf,

to be determined by the State Board of

Education, not to exceed 60,000.00

Executive Director, State Fair Commission 49,599.00

Executive Director, Department of Wildlife,

Fisheries and Parks 71,005.00

Executive Director, Department of

Environmental Quality 71,005.00

Executive Director, Pat Harrison

Waterway District 53,714.00

Executive Director, Pearl River Basin

Development District 51,703.00

Executive Director, Pearl River Valley

Water Supply District 60,836.00

Executive Director, Tombigbee River Valley

Water Management District 52,208.00

Director, Soil and Water Conservation

Commission 40,470.00

Commissioner, Mississippi Department of

Corrections 68,572.00

Executive Director, Mississippi Department of

Information Technology Services 77,294.00

Executive Director, Mississippi Industries

for the Blind 53,109.00

Director, Mississippi Bureau of Narcotics 49,121.00

Executive Secretary, State Veterans

Affairs Board 44,723.00

Executive Officer, Veterans' Home

Purchase Board 51,427.00

Chief Administrative Officer,

Motor Vehicle Commission 52,179.00

Stadium Manager, Mississippi Veterans

Memorial Stadium 49,152.00

Executive Director, Mississippi Auctioneer

Commission 24,691.00

Executive Director, Mississippi Arts Commission 44,287.00

Park Manager, Grand Gulf Military Monument

Commission 23,856.00

State Personnel Director 73,614.00

Executive Director, Mississippi Gaming

Commission, not to exceed 90,770.00

State Superintendent of Public Education,

not to exceed 104,288.00

State Health Officer, not to exceed 126,293.00

Executive Director, State Department of

Rehabilitation Services, not to exceed 93,525.00

State Market Manager 35,357.00

Executive Director, Department of Economic and

Community Development, not to exceed 80,940.00

State Veterinarian 66,956.00

Executive Director, Department of

Marine Resources 66,956.00

Executive Director, State Fire Academy 53,244.00

Executive Director, Public Employees'

Retirement System, not to exceed 80,126.00

Director, Law Enforcement Officers'

Training Academy 45,605.00

Executive Director, Public Utilities Staff 85,928.00

Administrator, State Board of Dental Examiners,

not to exceed 42,119.00

Administrative Assistant, State Board of

Agricultural Aviation 31,850.00

Executive Director, State Board of

Medical Licensure, not to exceed 54,037.00

Administrator, State Board of Cosmetology,

not to exceed 32,330.00

Administrator, Real Estate Commission,

not to exceed 54,851.00

Administrator, State Board of Funeral Service 34,500.00

Executive Secretary, State Board of Contractors 47,232.00

Administrator, State Board of Nursing

Home Administrators 35,711.00

Executive Director, Mississippi Board of Nursing,

not to exceed 58,232.00

Secretary, State Board of Barber Examiners 26,090.00

Executive Director, State Board of

Public Accountancy, not to exceed 55,122.00

Executive Director, State Board of Registration

of Professional Engineers and Land Surveyors,

not to exceed 50,134.00

Executive Director, State Board of Pharmacy,

not to exceed 56,520.00

Secretary, State Board of Architecture 36,985.00

SECTION 2. Section 25-9-115, Mississippi Code of 1972, is amended as follows:

25-9-115. It shall be the specific duty and function of the State Personnel Board to:

(a) Represent the public interest in the improvement of personnel administration in the state departments, agencies and institutions covered by the State Personnel System;

(b) Determine appropriate goals and objectives for the State Personnel System and prescribe policies for their accomplishment, with the assistance of the Mississippi Personnel Advisory Council;

(c) Adopt and amend policies, rules and regulations establishing and maintaining the State Personnel System. Such rules and regulations shall not be applicable to the emergency hiring of employees by the Public Employees' Retirement System pursuant to Section 25-11-15(7). The rules and regulations of the Mississippi Classification Commission and the Mississippi Coordinated Merit System Council serving federal grant-aided agencies in effect on February 1, 1981, shall remain in effect until amended, changed, modified or repealed by the board;

(d) Ensure uniformity in all functions of personnel administration in those agencies required to comply with the provisions of this chapter;

(e) Appoint an employee appeals board, consisting of three (3) hearing officers, for the purpose of holding hearings, compiling evidence and rendering decisions on employee dismissals and other personnel matters as provided for in Sections 25-9-127 through 25-9-131;

(f) Assure uniformity in the administration of state and federal laws relating to merit administration;

(g) Establish an annual budget covering all the costs of board operations;

(h) With the assistance of the Mississippi Personnel Advisory Council, promote public understanding of the purposes, policies and practices of the State Personnel System and advise and assist the state departments, agencies and institutions in fostering sound principles of personnel management and securing the interest of institutions of learning and of civic, professional and other organizations in the improvement of personnel standards under the State Personnel System;

(i) Recommend policies and procedures for the establishment and abolishment of employment positions within state government and develop a system for the efficient use of personnel resources;

(j) Cooperate with state institutions of higher learning in implementing a career management program in state agencies for graduate students in public administration in order to provide state government with a steady flow of professional public managerial talent;

(k) Prescribe rules which shall provide that an employee in state service is not obliged, by reason of his employment, to contribute to a political fund or to render political service, and that he may not be removed or otherwise prejudiced for refusal to do so;

(l) Prescribe rules which shall provide that an employee in state service shall not use his official authority or influence to coerce the political action of a person or body;

(m) Annually report to the Governor and Legislature on the operation of the State Personnel System and the status of personnel administration in state government;

(n) Require submission and approve organization and staffing plans of departments and agencies in state and nonstate service on such forms and according to such regulations as the board may prescribe to control and limit the growth of subordinate executive and administrative units and positions and to provide for agency staff reorganization without prior board approval when authority to reorganize has been delegated to an agency as provided in paragraph (p);

(o) Authorize the director to enter into formal agreements with department executive directors and agency directors in which employment positions within their agencies may be reallocated and organization charts amended without prior State Personnel Board approval; * * * however, * * * such agreements shall be revocable by the State Personnel Board and continuation shall be contingent upon the reallocations and reorganizations being conducted in accordance with rules and regulations promulgated by the State Personnel Board. In the event the State Personnel Board has delegated reallocation authority to an agency, this delegation does not remove the requirement that agencies submit personal services budget requests each fiscal year for the purpose of preparing personal services continuation budget projections. Such budget requests shall be prepared in accordance with the policies, rules and regulations promulgated by the Department of Finance and Administration, the Legislative Budget Office and the State Personnel Board. Prior to making any reallocation or reorganization effective, each appointing authority who has entered into an agreement as provided in this paragraph * * * shall certify to the State Personnel Board that the total annualized cost of any reallocation or reorganization shall be equal to or less than the cost savings generated through downward reallocation or position abolishment of vacant positions.

The personnel board shall maintain a record of every personnel transaction executed under authority delegated pursuant to this paragraph * * * and shall annually report the total cost of these transactions, by agency, to the Legislative Budget Office and the Department of Finance and Administration.

The State Personnel Board shall prescribe rules requiring the State Personnel Director to perform a compliance audit and evaluation of personnel transactions executed under authority delegated pursuant to this paragraph * * * and to publish a report of the audit listing exceptions taken by the State Personnel Director not later than the first of October each year. In the event the State Personnel Board determines that an agency has misclassified an employee or position as a result of this delegated authority, the State Personnel Board shall be authorized to correct such misclassification regardless of the state service status of the employee holding such position. Authority to correct such misclassifications of filled positions shall be limited to one (1) year from the date which the State Personnel Board receives written notice of the reallocation;

(p) Require that if an employment position has been determined to be in need of reallocation from one occupational class to another, the employee occupying the position shall meet the minimum qualifications for the occupational class to which the position is being reallocated in order for the position to be eligible for the reallocation. However, when a reallocation is based upon an agency reorganization due to documented funds constraints, documented change in agency function, or legislative mandate, a position may be reallocated with prior approval of the State Personnel Board;

(q) Implement a reduction-in-force policy which shall apply uniformly to all state agencies and which shall require that the appointing authority develop an equitable and systematic plan for implementation of an agency-wide reduction-in-force. If a proposed reduction-in-force is the result of a curtailment of funds, the State Personnel Board shall review the proposed reduction-in-force plan only upon written certification of a funds shortage from the Department of Finance and Administration. Further, the State Personnel Board shall ensure that any reduction-in-force plan complies with all applicable policies, rules and regulations of the State Personnel Board;

(r) Implement a furlough (involuntary leave without pay) policy which shall apply uniformly to all executive and subordinate employees within an agency, regardless of job class. The State Personnel Board shall review furlough plans only upon written certification of a funds shortage from the Department of Finance and Administration. The State Personnel Board shall ensure that any furlough plan complies with all applicable policies, rules and regulations of the State Personnel Board;

(s) This section shall stand repealed from and after June 30, 1997.

SECTION 3. Section 25-9-119, Mississippi Code of 1972, is amended as follows:

25-9-119. (1) There is * * * created the position of the State Personnel Director who shall be selected by the State Personnel Board, with the advice and consent of the Senate. The director shall have at least a master's degree in business administration, personnel management or the equivalent and shall have not less than five (5) years' experience therein. His salary shall be established under Section 25-3-33 in accordance with the Mississippi Compensation Plan. The State Personnel Director shall serve at the will and pleasure of the State Personnel Board.

(2) The duties and responsibilities of the director shall be:

(a) To serve as executive secretary to the board, to attend meetings as directed by the board and to provide such professional, technical and other supportive assistance as may be required by the board in the performance of its duties;

(b) Consistent with board policy, to administer the operations of the State Personnel System and to otherwise act in the capacity of chief executive officer to the State Personnel Board;

(c) To submit for board approval proposed rules and regulations which shall require a uniform system of personnel administration within all agencies included in this chapter. Such rules and regulations, when approved by the board, shall be binding upon the state departments, agencies and institutions covered by this chapter and shall include provisions for the establishment and maintenance of classification and compensation plans, the conduct of examinations, employee recruiting, employee selection, the certification of eligible persons, appointments, promotions, transfers, demotions, separations, reinstatement, appeals, reports of performance, payroll certification, employee training, vacation and sick leave, compensatory leave, administrative leave, standardized record keeping forms and procedures for leave earned, accrued and used, and all other phases of personnel administration. Such rules and regulations shall not be applicable to the emergency hiring of employees by the Public Employees' Retirement System pursuant to Section 25-11-15(7). Such rules and regulations, or modifications thereto, as are approved by the State Personnel Board shall be filed with the Secretary of the Senate and the Clerk of the House of Representatives at least sixty (60) days prior to their effective date. The secretary and the clerk shall immediately forward copies of the rule or rules to the members of the Senate Fees, Salaries and Administration Committee, the members of the House Fees and Salaries of Public Officers Committee, the Lieutenant Governor, the Speaker of the House of Representatives and the Governor. The respective committees may submit comments to the board regarding such rules and regulations prior to their effective date;

(i) Compensation plans and modifications thereto promulgated under rules and regulations shall become effective as adopted, upon appropriation therefor by the State Legislature;

(ii) The director and the board shall provide for:

(A) Cost-of-living adjustments;

(B) Salary increases for outstanding performance based upon documented employee productivity and exceptional performance in assigned duties; and

(C) Plans to compensate employees for suggestions which result in improved management in technical or administrative procedures and result in documented cost savings for the state. In certifying promotions, the director shall ensure that an employee's anniversary date remains the same regardless of the date of his promotion;

(d) To submit to the board any proposed legislation as may be necessary to bring existing statutes relating to the administration of public employees into uniformity;

(e) To administer the rules and regulations and all other operational aspects of the State Personnel System and to assure compliance therewith in all the departments, agencies and institutions covered by the State Personnel System;

(f) To appoint and prescribe the duties of the State Personnel System staff, all positions of which shall be included in the state service;

(g) To prepare an annual budget for the board covering all the costs of operating the State Personnel System, including the State Personnel Board, and the costs of administering such federal laws relating to personnel administration as the board may direct, including the Intergovernmental Personnel Act of 1970;

(h) To assist state agencies, departments and institutions in complying with all applicable state and federal statutes and regulations concerning discrimination in employment, personnel administration and related matters;

(i) To recommend procedures for the establishment and abolishment of employment positions within those departments, agencies and institutions not excluded from this chapter;

(j) To cooperate with appointing authorities in the administration of this chapter in order to promote public service and establish conditions of service which will attract and retain employees of character and capacity and to increase efficiency and economy in governmental departments by the improvement of methods of personnel administration with full recognition of the requirements and needs of management.

SECTION 4. Section 25-11-15, Mississippi Code of 1972, is amended as follows:

25-11-15. (1) Board of trustees: The general administration and responsibility for the proper operation of the Public Employees' Retirement System and the federal-state agreement and for making effective the provisions of Articles 1 and 3 are hereby vested in a board of trustees.

(2) The board shall consist of ten (10) trustees, as follows:

(a) The State Treasurer;

(b) One (1) member who shall be appointed by the Governor for a term of four (4) years, who shall be a member of the system;

(c) Two (2) members of the system having at least ten (10) years of creditable service who shall be state employees who shall not be employees of the institutions of higher learning, who shall be elected by members of the system who are employees of state agencies and by members of the Mississippi Highway Safety Patrol Retirement System, but not including the employees of the institutions of higher learning;

(d) Two (2) members of the system having at least ten (10) years of creditable service who shall not hold office in the legislative or judicial departments of municipal or county government, one (1) of whom shall be an employee of a municipality, instrumentality or juristic entity thereof who shall be elected by members of the system who are employees of the municipalities, instrumentalities or juristic entities thereof and by members of the municipal systems and the firemen's and policemen's disability and relief funds administered by the board of trustees, and one (1) of whom shall be an employee of a county, instrumentality or juristic entity thereof who shall be elected by members of the system who are employees of the counties, instrumentalities or juristic entities thereof;

(e) One (1) member of the system having at least ten (10) years of creditable service who shall be an employee of an institution of higher learning who shall be elected by members of the system who are employees of the state institutions of higher learning as included in Section 37-101-1. Any member of the board on July 1, 1984, who is an employee of an institution of higher learning shall serve as the member trustee representing the institutions of higher learning until the end of the term for which he was elected;

(f) Two (2) retired members who are receiving a retirement allowance from the system who shall be elected by the retired members or beneficiaries receiving a retirement allowance from the system and by the retired members or beneficiaries of the municipal systems, the firemen's and policemen's disability and relief funds and the Mississippi Highway Safety Patrol Retirement System administered by the board of trustees, to serve for a term of six (6) years under rules and regulations adopted by the board to govern such election; however, any retired member of the board in office on April 19, 1993, shall serve as a retired trustee until the end of the term for which he was elected;

(g) One (1) member of the system having at least ten (10) years of creditable service who shall be an employee of any public school district or junior college or community college district that participates in the system, who shall be elected by the members of the system who are employees of any public school district or junior college or community college district; however, any member of the board on June 30, 1989, who is a certified classroom teacher shall serve as the member representing a classroom teacher until the end of the term for which the member was appointed;

(h) In the first election to be held for trustees one (1) member shall be elected for a term of two (2) years, and one (1) member for a term of four (4) years, and one (1) member for a term of six (6) years. Thereafter, their successors shall be elected for terms of six (6) years. All elections shall be held in accordance with rules and regulations adopted by the board to govern such elections and the board shall be the sole judge of all questions arising incident to or connected with the elections.

(i) Any person eligible to vote for the election of a member of the board of trustees and who meets the qualifications for the office may seek election to such office and serve if elected. For purposes of determining eligibility to seek office as a member of the board of trustees, the required creditable service in "the system" shall include each system administered by the board of trustees in which such person is a member.

The members described above and serving on the board on June 30, 1989, shall continue to serve on the board until the expiration of their terms.

(3) If a vacancy occurs in the office of a trustee, the vacancy shall be filled for the unexpired term in the same manner as the office was previously filled. However, if the unexpired term is six (6) months or less, an election shall be held to fill the office vacated for the next succeeding full term of office, and the person so elected to fill the next full term shall be appointed by the board to fill the remainder of the unexpired term. Whenever any member who is elected to a position to represent a class of members ceases to be a member of that class, that board member is no longer eligible for membership on the board. The position shall be declared vacant, and the unexpired term shall be filled in the same manner as the office was previously filled.

(4) Each trustee shall, within ten (10) days after his appointment or election, take an oath of office as provided by law and, in addition, shall take an oath that he will diligently and honestly administer the affairs of the said board, and that he will not knowingly violate or willingly permit to be violated any of the provisions of law applicable to Articles 1 and 3. Such oath shall be signed by the member making it, certified by the officer before whom it is taken, and immediately filed in the office of the Secretary of State.

(5) Each trustee shall be entitled to one (1) vote. Six (6) members shall constitute a quorum at any meeting of said board, and a majority of those present shall be necessary for a decision.

(6) Subject to the limitations of Articles 1 and 3, the board shall establish rules and regulations for the administration of the system created by said articles and for the transaction of its business, and to give force and effect to the provisions of said articles wherever necessary to carry out the intent and purposes of the Legislature. The cited articles are remedial law and shall be liberally construed to accomplish their purposes.

(7) Notwithstanding any other law to the contrary, in the event of a natural disaster or other occurrence that results in the failure of the retirement system's computer system or a significant disruption of the normal activities of the retirement system, the executive director of the board, or his deputy, shall be authorized to contract with another entity, governmental or private, during the period of such failure or disruption, for services, commodities, work space and supplies as necessary to carry out the administration of all systems and programs administered by the board. The board shall be authorized to pay the reasonable cost of such services, commodities, work space and supplies. At the meeting of the board next following the execution of a contract authorized pursuant to this subsection, documentation of the contract, including a description of the services, commodities, work space or supplies, the price thereof and the nature of the disaster or occurrence, shall be presented to the board and placed on the minutes of the board. Because of their emergency nature, purchases made pursuant to this subsection shall not be required to comply with the provisions of Section 31-7-13 or any other law governing public purchases.

(8) Except as otherwise provided in subsection (7) of this section, in its acquisition of computer equipment, services and software, the board shall submit to the Central Data Processing Authority for review and comment all proposals over Fifteen Thousand Dollars ($15,000.00), but less than Fifty Thousand Dollars ($50,000.00), for the acquisition of computer equipment, services and software. The Central Data Processing Authority shall furnish its written recommendations to the board within thirty (30) days of its receipt of the proposal. In the event that the Central Data Processing Authority finds that alternatives should be considered with respect to a proposed acquisition and if the board elects by two-thirds (2/3) vote to deviate from these recommendations, the board shall spread upon its minutes the reasons for its decision not to act on such recommendations. From and after April 15, 1990, any acquisition of computer equipment, services and software by the board in the amount of Fifty Thousand Dollars ($50,000.00) or more is subject to approval by the Central Data Processing Authority; and, in responding to a request of approval therefor, the Central Data Processing Authority shall reply within thirty (30) days of its receipt of such request from the board. The computer equipment and software owned by the Public Employees' Retirement System are assets of the Trust Fund by virtue of the Constitution, Section 272-A and acquisition and operation thereof shall be under the jurisdiction of the Public Employees' Retirement System.

(9) The board shall elect a chairman and shall by a majority vote of all of its members appoint a secretary whose title shall be executive director, who shall serve at the will and pleasure of the board, who shall not be a member of the board of trustees, who shall be entitled to membership in the system, and who shall act as secretary of the board. The board of trustees shall employ such actuarial, clerical and other employees as shall be required to transact the business of the system, and shall fix the compensation of all employees, other than the executive director, whose salary shall be established in Section 25-3-33, subject to the rules and regulations of the State Personnel Board.

(10) Each member of the board shall receive as compensation for his services Three Hundred Dollars ($300.00) per month. All members of said board shall be reimbursed for their necessary traveling expenses which shall be paid in accordance with the requirements of Section 25-3-41 or other applicable statutes with respect to traveling expenses of state officials and employees on official business. All members of said board shall be entitled to be members of the system and shall be entitled to creditable service for all time served as a member of said board except the retired member who shall not be entitled to be a member of the system and who shall be eligible to receive the retirement allowance and compensation for services from the system while serving as a member of the board.

(11) All expenses of the board incurred in the administration of Articles 1 and 3 shall be paid from such funds as may be appropriated by the Legislature for such purpose or from administrative fees collected from political subdivisions or juristic entities of the state. Each political subdivision of the state and each instrumentality of the state or of a political subdivision or subdivisions which submit a plan for approval by the board as provided in Section 25-11-11 shall reimburse the board, for coverage into the administrative expense fund, its pro rata share of the total expense of administering Articles 1 and 3 as provided by regulations of said board.

(12) There shall be an investment advisory board to provide advice and counsel to the board of trustees regarding the investment of the funds of the system. The advisory board shall consist of three (3) members, one (1) appointed by the Governor, one (1) appointed by the Lieutenant Governor, and one (1) appointed by the Speaker of the House of Representatives. Each member of the advisory board shall be someone who is not a public employee who has had at least ten (10) years' experience in investment banking or commercial banking or who has had at least ten (10) years' professional experience in managing investments. Each member of the advisory board shall serve for a term concurrent with the term of the appointing authority. Any vacancy on the advisory board shall be filled by appointment of the original appointing authority for the remainder of the unexpired term. Members of the advisory board shall receive no compensation for their services, but shall be reimbursed for their actual and necessary expenses incurred in the performance of their duties, as provided in Section 25-3-41 for state officers and employees. The advisory board shall operate under the rules and regulations of the board of trustees and shall meet at such times as determined by the board of trustees.

(13) The Lieutenant Governor may designate two (2) Senators and the Speaker of the House of Representatives may designate two (2) Representatives to attend any meeting of the Board of Trustees of the Public Employees' Retirement System. The appointing authorities may designate alternate members from their respective houses to serve when the regular designees are unable to attend such meetings of the board. Such legislative designees shall have no jurisdiction or vote on any matter within the jurisdiction of the board. For attending meetings of the board, such legislators shall receive per diem and expenses which shall be paid from the contingent expense funds of their respective houses in the same amounts as provided for committee meetings when the Legislature is not in session; however, no per diem and expenses for attending meetings of the board will be paid while the Legislature is in session. No per diem and expenses will be paid except for attending meetings of the board without prior approval of the proper committee in their respective houses.

SECTION 5. Section 31-3-11, Mississippi Code of 1972, is amended as follows:

31-3-11. The board shall elect * * * an executive secretary, and the board may terminate the employment of such executive secretary at any time the board deems the same advisable. The salary of the executive secretary shall be in an amount established under Section 25-3-33. The board shall require the executive secretary to file bond in such amount as the board may deem necessary, and shall specify the duties of such employee. The premium on any such bond shall be paid from the funds provided by this chapter.

SECTION 6. Section 37-3-9, Mississippi Code of 1972, is amended as follows:

37-3-9. (1) * * * From and after July 1, 1984, there shall be a State Superintendent of Public Education who shall be appointed by the State Board of Education, with the advice and consent of the Senate, and serve at the board's will and pleasure. He shall be the chief administrative officer for the State Department of Education and shall administer the department in accordance with the policies established by the State Board of Education. He shall receive such compensation as established in Section 25-3-33 * * *. The State Superintendent of Public Education shall have at least a master's degree in any field and a minimum of five (5) years' experience in administration in the educational field.

(2) The state superintendent shall give bond in the penalty of Seventy-five Thousand Dollars ($75,000.00), with sureties to be approved by the Governor, conditioned according to law. Said bond when approved shall be filed and recorded in the office of the Secretary of State.

SECTION 7. Section 37-33-159, Mississippi Code of 1972, is amended as follows:

37-33-159. The State Board of Rehabilitation Services shall appoint an Executive Director of the State Department of Rehabilitation Services, in accordance with standards established by the State Personnel Board and on the basis of his education, training, experience and demonstrated ability. The executive director shall serve as secretary and executive officer of the board, and he shall serve at the will and pleasure of the board. The salary of the executive director shall be in an amount established in Section 25-3-33. The executive director shall be responsible to the board for the proper administration of the programs of rehabilitation provided under this chapter in conformity with the policies adopted by the board and shall be responsible for appointing directors of offices and any necessary supervisors, assistants and employees. The salary and compensation of such employees shall be subject to the rules and regulations adopted and promulgated by the State Personnel Board as created under Section 25-9-101 et seq.

SECTION 8. Section 45-5-5, Mississippi Code of 1972, is amended as follows:

45-5-5. The Commissioner of Public Safety is hereby authorized and empowered to establish, maintain and supervise a "law enforcement officers' training academy" for the purpose of providing training facilities for members of the Department of Public Safety and such other law enforcement officers of the state, counties or municipalities as may schedule the use of the same with the commissioner.

The commissioner shall promulgate such reasonable rules and regulations as are necessary; * * * such rules and regulations shall be published and kept on file in the office of the commissioner and in the administrative office of the academy. To carry out the provisions of this chapter and any such rules and regulations, the commissioner shall appoint a director who shall answer to the commissioner in the performance of his duties. The director shall be paid a salary in the amount established under Section 25-3-33. The commissioner shall employ such other technical, professional and clerical assistance as may be required from time to time, and fix their duties and compensation. All employees and other personnel must be qualified by education and experience.

SECTION 9. Section 57-1-5, Mississippi Code of 1972, is amended as follows:

57-1-5. (1) The Governor shall, with the advice and consent of the Senate, appoint an executive director who:

(a) Shall have at least a bachelor's degree, and

(b) Shall be an experienced administrator and have at least five (5) years' experience in at least one (1) of the following areas:

(i) Industrial development, or

(ii) Economic development.

(2) The executive director shall be the executive officer of the department in the execution of any and all provisions of this chapter, and his salary shall be in an amount established under Section 25-3-33.

(3) The executive director shall have the following powers and duties:

(a) To formulate the policy of the department regarding the economic and tourist development of the state.

(b) To use and expend any funds from state, federal or private sources coming into the department for the purposes herein provided. State funds appropriated for the department shall be expended in accordance with the regulations governing the expenditures of other state funds.

(c) To implement the duties assigned to the department and consistent with specific requirements of law, including but not limited to:

(i) Support services to include legal, finance, data processing, personnel, communications and advertising, purchasing and accounting;

(ii) Research and planning;

(iii) Outreach, agency liaison and community development;

(iv) Tourism, business travel, and film;

(v) Programs and assistance for existing state business and industry;

(vi) Recruiting new business and industry into the state;

(vii) Fostering and promoting of entrepreneurship and the creation of new business in the state;

(viii) Programs aimed at competing effectively in the international economy by increasing exports of state products and services and by promoting, developing and creating the conditions and programs that will bring about significant increases in investment in the state from other countries;

(ix) Programs relating to the development of ports;

(x) Such other areas as are within the jurisdiction and authority of the department and will foster and promote the economic development of this state;

(xi) Salaries of the associate directors, deputy directors and bureau directors may be set by the executive director of the department. The positions of associate directors, deputy directors and bureau directors shall not be state service positions.

SECTION 10. Section 69-7-111, Mississippi Code of 1972, is amended as follows:

69-7-111. The board is authorized to select an executive officer to be known as the State Market Manager, who shall have the ability to operate a large business and who shall have a knowledge of the problems of the growers and distributors and have had experience in the marketing of perishable vegetables. It shall be the duty of the State Market Manager to manage and control such market as may be established hereunder, subject to the supervision of the board, and to employ, subject to the approval of the board, such employees as may be necessary for the efficient and economical operation and maintenance of such market. The State Market Manager shall receive such salary as may be fixed by the Legislature under Section 25-3-33 and shall devote his entire time and attention to the discharge of his duties as such manager. He shall attend all meetings of the board and be the secretary thereof and keep the minutes thereof, and shall have custody of its books, records, papers and accounts. The State Market Manager shall, before assuming the duties of his office, enter into a bond in the sum of Ten Thousand Dollars ($10,000.00) payable to the State of Mississippi conditioned upon the faithful performance of his or her duties.

SECTION 11. Section 69-15-7, Mississippi Code of 1972, is amended as follows:

69-15-7. The Board of Animal Health is authorized and empowered to employ the necessary professional, technical, and clerical personnel as it deems necessary to carry out the powers and duties of the board, and to fix their compensation. The board shall appoint * * * a duly licensed and practicing veterinarian as its executive secretary and State Veterinarian, who shall hold a degree of veterinary medicine from a recognized college or university, shall be a resident of the State of Mississippi, and shall have been engaged in the practice of veterinary science for not less than five (5) years prior to his appointment, and shall not be engaged in the sale of or production of veterinary biologics or supplies. The salary of the State Veterinarian shall be in an amount established under Section 25-3-33. The State Veterinarian shall serve at the will and pleasure of the Board of Animal Health, shall cooperate with the Commissioner of Agriculture and Commerce, and shall enter into a surety bond for the faithful performance of his duties, and the premium therefor shall be paid by the board. The board shall also be authorized to employ an attorney as authorized in Section 69-1-14.

SECTION 12. Section 73-1-11, Mississippi Code of 1972, is amended as follows:

73-1-11. The board is hereby authorized to pay from registration and other fees provided for herein the expenses of said board and the office thereof, the examinations held by said board, the bond premium of the treasurer, the pay of clerks or assistants hired by the board in the performance of its duties, attorney's fees for services rendered in connection with the affairs of the board, and fees and necessary expenses incident to cooperation with national boards and like boards of other states, and in no case shall any of such fees or expenses be paid by the State of Mississippi or be charged against said state.

The members of the board shall be entitled to receive a per diem in such amount as shall be set by resolution of the board but not to exceed the amount provided for in Section 25-3-69, and shall be entitled to be reimbursed for their traveling expenses and hotel expenses incurred in the pursuance of their duties. The secretary and treasurer of said board shall receive a salary in an amount established under Section 25-3-33.

SECTION 13. Section 73-5-3, Mississippi Code of 1972, is amended as follows:

73-5-3. The board shall elect a president and secretary and shall adopt and use a common seal for the authentication of its records and orders. The secretary shall keep a record of all proceedings and acts of the board and an accurate account of all funds received and disbursed, which shall be considered as public records.

The secretary shall execute and file with the Secretary of State a bond in the sum of Ten Thousand Dollars ($10,000.00) conditioned according to law, said bond to be made in a surety company authorized to do business in this state and approved by the Governor. The premium for such bond shall be paid out of the funds in the board's special fund in the State Treasury.

A majority of the board shall constitute a quorum, and it is authorized to perform the requirements of this chapter at any regular or special meeting called for that purpose.

The members of said board, except the secretary, shall receive as compensation a per diem as provided in Section 25-3-69 and, in addition, shall receive reimbursement for expenses as provided in Section 25-3-41 on an itemized statement filed with and approved by the secretary of the board. No member of the board shall draw a per diem for more than thirty-six (36) days in any one (1) calendar year. Each member of the board, including the secretary, is hereby authorized to receive mileage as provided in Section 25-3-41 for use of his automobile while engaged in the business of the board. * * * The secretary * * * shall * * * receive reimbursement for actual expenses as provided in Section 25-3-41 to be paid upon presenting an itemized statement of such expenses to the board and approval by the board.

 * * * The compensation of the secretary shall be in an amount established under Section 25-3-33. The secretary shall devote his full time to the business and clerical work of the board. The board is further authorized to employ three (3) inspectors, one (1) to be appointed from each of the three (3) Supreme Court districts, to make periodic inspections of all barber shops throughout the state; and said inspectors shall file with the board a written report of their findings and recommendations. The board is further authorized to employ the necessary personnel to carry out the provisions of this chapter, and to maintain and pay the expenses of an office to be located in the City of Jackson. All per diem, salaries and expenses shall be paid exclusively from the funds in the board's special fund, and salaries and expenses of personnel may be disbursed monthly.

The board shall require such of its employees as it may consider necessary to make bond and file same with the Secretary of State in such sums as it may consider necessary to protect the interests of the barbers of the State of Mississippi and require the faithful performance of their duties.

SECTION 14. Section 73-7-3, Mississippi Code of 1972, is reenacted as follows:

73-7-3. The board members shall have authority to employ such clerical and stenographic assistance, bookkeepers, investigators and other agents as they may deem necessary to carry out the provisions of this chapter, and to fix their tenure of employment and compensation therefor; however, the compensation of an administrator shall be in an amount established under Section 25-3-33. The members of the board shall file a bond with the Secretary of State in the sum of not less than Five Thousand Dollars ($5,000.00) payable to the State of Mississippi for the faithful performance of their duties. Said bond shall be made by a surety company authorized to do business in this state, the premium of said bond to be paid out of any money in the board's special fund in the State Treasury.

The office of the board shall be located in the City of Jackson, Mississippi, and in the event office space cannot be obtained in any state-owned building in the City of Jackson, the board is authorized to rent suitable office space in the City of Jackson and to pay therefor out of funds in the board's special fund. The board shall employ inspectors as needed, not to exceed seven (7), who shall be full-time employees and whose salaries and duties shall be fixed by the board.

The salaries of all paid employees of the board shall be paid out of the funds in the board's special fund. The inspectors shall, in addition to their salaries, be reimbursed for such expenses as are allowed other state employees under the provisions of Section 25-3-41. In addition to the paying of office rent, the board is authorized to purchase necessary office furniture and equipment, stationery, books, certificates and any other equipment necessary for the proper administration of this chapter.

SECTION 15. Section 73-11-49, Mississippi Code of 1972, is amended as follows:

73-11-49. (1) The board is authorized to select from its own membership a chairman, vice-chairman and secretary-treasurer.

(2) All members of the board shall be reimbursed for their necessary traveling expenses and mileage incident to their attendance upon the business of the board, as provided in Section 25-3-41, and shall receive a per diem as provided in Section 25-3-69 for every day actually spent upon the business of the board, not to exceed twenty (20) days per year unless authorized by a majority vote of the board.

(3) All monies received by the board shall be paid into a special fund in the State Treasury to the credit of the board and shall be used by the board for paying the traveling and necessary expenses and per diem of the members of the board while on board business, and for paying other expenses necessary for the operation of the board in carrying out and involving the provisions of this chapter.

(4) The board shall employ an administrator of the board, who shall have complete supervision and be held responsible for the direction of the office of the board, shall have supervision over field inspections and enforcement of the provisions of this chapter, shall have such other duties as may be assigned by the board, shall be responsible and answerable to the board. The administrator shall be paid a salary in an amount established under Section 25-3-33. The board may employ such other clerical assistants and employees as may be necessary to carry out the provisions of this chapter, and the terms and conditions of such employment shall be determined by the board in accordance with applicable state law and rules and regulations of the State Personnel Board.

(5) The board, when it shall deem necessary, shall be represented by an assistant Attorney General duly appointed by the Attorney General of this state, and may also request and receive the assistance of other state agencies and county and district attorneys, all of whom are authorized to provide the assistance requested.

(6) The board shall have subpoena power in enforcing the provisions of this chapter.

(7) The board shall adopt and promulgate rules and regulations for the transaction of its business in accordance with the provisions of the Mississippi Administrative Procedures Law (Section 25-43-1 et seq.). No rule or regulation promulgated by the board affecting any person or agency outside the board shall be adopted, amended or repealed without a public hearing on the proposed action. The board shall give written notice at least thirty (30) days in advance of any meeting with respect to any proposed adoption, amendment or repeal of a rule or regulation of the board, in accordance with the Administrative Procedures Act, as well as notifying the duly elected presidents and secretaries of the Mississippi Funeral Directors Association and the Mississippi Funeral Directors and Morticians Association, or their successors.

(8) The board may designate the administrator to perform inspections under this chapter, may employ an individual to perform such inspections or may contract with any other individual or entity to perform such inspections. Any individual or entity that performs such inspections shall have the right of entry into any place in which the business or practice of funeral service and/or funeral directing is carried on or advertised as being carried on, for the purpose of inspection, for the investigation of complaints coming before the board and for such other matters as the board may direct.

(9) The board shall not pass any rule or regulation pertaining to the transportation of dead bodies in any manner or requiring them to be embalmed.

SECTION 16. Section 73-15-17, Mississippi Code of 1972, is amended as follows:

73-15-17. The Mississippi Board of Nursing is hereby authorized and empowered to:

(a) Adopt and from time to time revise such rules and regulations consistent with the law as shall be necessary to govern its proceedings and carry into effect the provisions of this chapter.

(b) Require the secretary to keep records of all meetings of the board and keep a record of all proceedings, and to prepare a register of registered nurses and a register of licensed practical nurses, all nurses appearing thereon to be duly licensed under this chapter, and which registers shall be open for public inspection at all reasonable times.

(c) Issue subpoenas, require attendance of witnesses, and administer oaths of persons giving testimony.

(d) Cause the prosecution of all persons violating the provisions of this chapter, and incur such necessary expenses therefor.

(e) Conduct hearings upon charges calling for discipline of a licensee or revocation of a license.

(f) Present a true and full report to the Governor and the Legislature, together with statement of receipts and disbursements on or before February 1 of each year.

(g) Maintain an office in Jackson for the administration of this chapter.

(h) File an annual list of all certificates of registration issued by the board with the Secretary of State's office for both registered nurses and licensed practical nurses.

(i) File an annual list of all certificates of registration issued by the board to registered nurses, including addresses of the persons with the Mississippi Nurses' Association; and file a similar list of all certificates of registration issued to licensed practical nurses, including addresses of the persons, with the Mississippi Federation of Licensed Practical Nurses and the Mississippi Licensed Practical Nurses Association.

(j) Adopt a seal which shall be in the form of a circle with the image of an eagle in the center, and around the margin the words "Mississippi Board of Nursing," and under the image of the eagle the word "Official." The seal shall be affixed to certificates and warrants issued by the board, and to all records sent up on appeal from its decisions.

(k) Schedule dates and locations for state board examinations for examining qualified applicants for licensure.

(l) Examine, license and renew licenses of duly qualified applicants.

(m) Appoint and employ a qualified person who shall not be a member of the board to serve as executive director, define the duties, * * * and delegate to him or her those activities that will expedite the functions of the board. The salary of the executive director shall be in an amount established under Section 25-3-33. The executive director shall meet all the qualifications for board members, and shall in addition:

(i) Have had at least a master's degree in nursing, eight (8) years' experience as a registered nurse, five (5) of which shall be in teaching or in administration, or a combination thereof; and

(ii) Have been actively engaged in nursing for at least five (5) years immediately preceding appointment.

(n) Employ, discharge, define duties, and fix compensation of such other persons as may be necessary to carry out the provisions of this chapter.

(o) Secure the services of research consultants as deemed necessary who shall receive a per diem, travel and other necessary expenses incurred while engaged by the board.

(p) To enter into contracts with any other state or federal agency or with any private person, organization or group capable of contracting, if it finds such action to be in the public interest and in the furtherance of its responsibilities.

SECTION 17. Section 73-21-79, Mississippi Code of 1972, is amended as follows:

73-21-79. (1) The board shall employ an executive director of the board. The executive director shall be a citizen of Mississippi and a pharmacist licensed and in good standing to practice pharmacy in the State of Mississippi, who has had five (5) years' experience as a pharmacist.

(2) The executive director shall receive a salary in an amount established under Section 25-3-33 and shall be entitled to necessary expenses incurred in the performance of his official duties. He shall devote full time to the duties of his office and shall not be interested directly or indirectly as defined in Section 73-21-73 in the operation of a pharmacy in Mississippi or any other facility permitted by the board or engaged in any other business that will interfere with the duties of his office.

(3) The duties and responsibilities of the executive director shall be defined by rules and regulations prescribed by the board.

(4) The board may, in its discretion, employ persons in addition to the executive director in such other positions or capacities as it deems necessary to the proper conduct of board business. Any pharmacist-investigator employed by the board may have other part-time employment, provided that he shall not accept any employment that would cause a conflict of interest in his pharmacist-investigator duties. The board may employ legal counsel to assist in the conduct of its business.

SECTION 18. Section 73-43-13, Mississippi Code of 1972, is amended as follows:

73-43-13. The board shall elect an executive officer who possesses the necessary qualifications and experience to enable him to carry out the duties required by his office. His term of office shall be six (6) years and his salary shall be in an amount established under Section 25-3-33. The executive officers shall be vested with all the authority of the board when it is not in session, and he shall be subject to such rules and regulations as may be prescribed by the board. The executive officer may be removed for cause by majority vote of the membership of the board.

SECTION 19. Section 75-76-15, Mississippi Code of 1972, is amended as follows:

75-76-15.  * * *

(1) From and after October 1, 1993, the position of Executive Director of the Mississippi Gaming Commission is * * * created.

(2) The Gaming Commission shall appoint the executive director, with the advice and consent of the Senate, and the executive director shall serve at the will and pleasure of the commission. The director appointed by the State Tax Commission * * * who is serving on September 30, 1993, shall serve as the Executive Director of the Mississippi Gaming Commission until the executive director appointed by the Gaming Commission pursuant to this section is confirmed by the Senate.

(3) No member of the Legislature, no person holding any elective office, nor any officer or official of any political party is eligible for the appointment of executive director.

(4) The executive director must have at least five (5) years of responsible administrative experience in public or business administration or possess broad management skills.

(5) The executive director shall devote his entire time and attention to his duties under this chapter and the business of the commission and shall not pursue any other business or occupation or hold any other office of profit.

(6) The executive director shall not be pecuniarily interested in any business or organization holding a gaming license under this chapter or doing business with any person or organization licensed under this chapter.

(7) The executive director shall receive an annual salary in the amount established in Section 25-3-33.

SECTION 20. Section 75-76-5, Mississippi Code of 1972, is amended as follows:

75-76-5. As used in this chapter, unless the context requires otherwise:

(a) "Applicant" means any person who has applied for or is about to apply for a state gaming license, registration or finding of suitability under the provisions of this chapter or approval of any act or transaction for which approval is required or permitted under the provisions of this chapter.

(b) "Application" means a request for the issuance of a state gaming license, registration or finding of suitability under the provisions of this chapter or for approval of any act or transaction for which approval is required or permitted under the provisions of this chapter but does not include any supplemental forms or information that may be required with the application.

(c) "Associated equipment" means any equipment or mechanical, electromechanical or electronic contrivance, component or machine used remotely or directly in connection with gaming or with any game, race book or sports pool that would not otherwise be classified as a gaming device, including dice, playing cards, links which connect to progressive slot machines, equipment which affects the proper reporting of gross revenue, computerized systems of betting at a race book or sports pool, computerized systems for monitoring slot machines, and devices for weighing or counting money.

(d) "Chairman" * * * means the Chairman * * * of the Mississippi Gaming Commission.

(e) "Commission" or "Mississippi Gaming Commission" * * * means the Mississippi Gaming Commission.

(f) "Commission member" * * * means a member of the Mississippi Gaming Commission.

(g) "Credit instrument" means a writing which evidences a gaming debt owed to a person who holds a license at the time the debt is created, and includes any writing taken in consolidation, redemption or payment of a prior credit instrument.

(h) "Enforcement division" means a particular division supervised by the executive director that provides enforcement functions.

(i) "Establishment" means any premises wherein or whereon any gaming is done.

(j) "Executive director" * * * means the Executive Director of the Mississippi Gaming Commission.

(k) Except as otherwise provided by law, "game," or "gambling game" means any banking or percentage game played with cards, with dice or with any mechanical, electromechanical or electronic device or machine for money, property, checks, credit or any representative of value, including, without limiting the generality of the foregoing, faro, monte, roulette, keno, fan-tan, twenty-one, blackjack, seven-and-a-half, big injun, klondike, craps, poker, chuck-a-luck (dai shu), wheel of fortune, chemin de fer, baccarat, pai gow, beat the banker, panguingui, slot machine, or any other game or device approved by the commission. However, "game" or "gambling game" shall not include bingo games or raffles which are held pursuant to the provisions of Section 97-33-51.

The commission shall not be required to recognize any game hereunder with respect to which the commission determines it does not have sufficient experience or expertise.

(l) "Gaming" or "gambling" means to deal, operate, carry on, conduct, maintain or expose for play any game as defined in this chapter.

(m) "Gaming device" means any mechanical, electromechanical or electronic contrivance, component or machine used in connection with gaming or any game which affects the result of a wager by determining win or loss. The term includes a system for processing information which can alter the normal criteria of random selection, which affects the operation of any game, or which determines the outcome of a game. The term does not include a system or device which affects a game solely by stopping its operation so that the outcome remains undetermined, and does not include any antique coin machine as defined in Section 27-27-12.

(n) "Gaming employee" means any person connected directly with the operation of a gaming establishment licensed to conduct any game, including:

(i) Boxmen;

(ii) Cashiers;

(iii) Change personnel;

(iv) Counting room personnel;

(v) Dealers;

(vi) Floormen;

(vii) Hosts or other persons empowered to extend credit or complimentary services;

(viii) Keno runners;

(ix) Keno writers;

(x) Machine mechanics;

(xi) Security personnel;

(xii) Shift or pit bosses;

(xiii) Shills;

(xiv) Supervisors or managers; and

(xv) Ticket writers.

The term "gaming employee" also includes employees of manufacturers or distributors of gaming equipment within this state whose duties are directly involved with the manufacture, repair or distribution of gaming equipment.

"Gaming employee" does not include bartenders, cocktail waitresses or other persons engaged in preparing or serving food or beverages unless acting in some other capacity.

(o) "Gaming license" means any license issued by the state which authorizes the person named therein to engage in gaming.

(p) "Gross revenue" means the total of all of the following, less the total of all cash paid out as losses to patrons and those amounts paid to purchase annuities to fund losses paid to patrons over several years by independent financial institutions:

(i) Cash received as winnings;

(ii) Cash received in payment for credit extended by a licensee to a patron for purposes of gaming; and

(iii) Compensation received for conducting any game in which the licensee is not party to a wager.

For the purposes of this definition, cash or the value of noncash prizes awarded to patrons in a contest or tournament are not losses.

The term does not include:

(i) Counterfeit money or tokens;

(ii) Coins of other countries which are received in gaming devices;

(iii) Cash taken in fraudulent acts perpetrated against a licensee for which the licensee is not reimbursed; or

(iv) Cash received as entry fees for contests or tournaments in which the patrons compete for prizes.

(q) "Hearing examiner" means a member of the Mississippi Gaming Commission or other person authorized by the commission to conduct hearings.

(r) "Investigation division" means a particular division supervised by the executive director that provides investigative functions.

(s) "License" means a gaming license or a manufacturer's, seller's or distributor's license.

(t) "Licensee" means any person to whom a valid license has been issued.

(u) "License fees" means monies required by law to be paid to obtain or continue a gaming license or a manufacturer's, seller's or distributor's license.

(v) "Licensed gaming establishment" means any premises licensed pursuant to the provisions of this chapter wherein or whereon gaming is done.

(w) "Manufacturer's," "seller's" or "distributor's" license means a license issued pursuant to Section 75-76-79.

(x) "Navigable waters" shall have the meaning ascribed to such term under Section 27-109-1.

(y) "Operation" means the conduct of gaming.

(z) "Party" means the Mississippi Gaming Commission and any licensee or other person appearing of record in any proceeding before the commission; or the Mississippi Gaming Commission and any licensee or other person appearing of record in any proceeding for judicial review of any action, decision or order of the commission.

(aa) "Person" includes any association, corporation, firm, partnership, trust or other form of business association as well as a natural person.

(bb) "Premises" means land, together with all buildings, improvements and personal property located thereon, and includes all parts of any vessel or cruise vessel.

(cc) "Race book" means the business of accepting wagers upon the outcome of any event held at a track which uses the pari-mutuel system of wagering.

(dd) "Regulation" means a rule, standard, directive or statement of general applicability which effectuates law or policy or which describes the procedure or requirements for practicing before the commission. The term includes a proposed regulation and the amendment or repeal of a prior regulation but does not include:

(i) A statement concerning only the internal management of the commission and not affecting the rights or procedures available to any licensee or other person;

(ii) A declaratory ruling;

(iii) An interagency memorandum;

(iv) The commission's decision in a contested case or relating to an application for a license; or

(v) Any notice concerning the fees to be charged which are necessary for the administration of this chapter.

(ee) "Respondent" means any licensee or other person against whom a complaint has been filed with the commission.

(ff) "Slot machine" means any mechanical, electrical or other device, contrivance or machine which, upon insertion of a coin, token or similar object, or upon payment of any consideration, is available to play or operate, the play or operation of which, whether by reason of the skill of the operator or application of the element of chance, or both, may deliver or entitle the person playing or operating the machine to receive cash, premiums, merchandise, tokens or anything of value, whether the payoff is made automatically from the machine or in any other manner. The term does not include any antique coin machine as defined in Section 27-27-12.

(gg) "Sports pool" means the business of accepting wagers on sporting events, except for athletic events, by any system or method of wagering other than the system known as the "pari-mutuel method of wagering."

(hh) "Temporary work permit" means a work permit which is valid only for a period not to exceed ninety (90) days from its date of issue and which is not renewable.

(ii) "Vessel" or "cruise vessel" shall have the meanings ascribed to such terms under Section 27-109-1.

(jj) "Work permit" means any card, certificate or permit issued by the commission, whether denominated as a work permit, registration card or otherwise, authorizing the employment of the holder as a gaming employee. A document issued by any governmental authority for any employment other than gaming is not a valid work permit for the purposes of this chapter.

(kk) "School or training institution" means any school or training institution which is licensed by the commission to teach or train gaming employees pursuant to Section 75-76-34.

(ll) "Cheat" means to alter the selection of criteria that determine:

(i) The rules of a game; or

(ii) The amount or frequency of payment in a game.

SECTION 21. Section 77-2-7, Mississippi Code of 1972, is amended as follows:

77-2-7. (1) An executive director of the public utilities staff shall be appointed, on or before July 1, 1990, by the Governor, from recommended candidates to be selected by the Public Service Commission, with the advice and consent of the Senate, to serve for a term of six (6) years. On or before May 15, 1990, the Public Service Commission shall submit to the Governor a list of not less than three (3) and no more than six (6) qualified candidates for the position of executive director. The Governor shall appoint the executive director from the list of qualified candidates nominated. Within sixty (60) days prior to the expiration of the term of the executive director, the Public Service Commission shall submit the names of candidates to the Governor in the manner provided herein. Whenever any vacancy shall occur in the position of executive director the Public Service Commission shall nominate and the Governor shall appoint an executive director, as provided herein, to fill the unexpired term. The executive director shall serve at the will and pleasure of the Governor.

(2) The executive director of the public utilities staff shall hold at least a bachelor's degree and shall have extensive managerial experience with a thorough knowledge of public utility economics and the principles of utility service and rate construction. The executive director of the public utilities staff shall possess the ability to analyze quantitative and qualitative data and to develop and adjust regulatory strategies or policies to attain commission objectives. The salary of the executive director shall be in an amount established under Section 25-3-33. Nothing herein shall be construed to prevent reappointment of the executive director for consecutive terms.

SECTION 22. Section 25-3-39, Mississippi Code of 1972, is amended as follows:

25-3-39. (1) No public officer, public employee, administrator, or executive head of any arm or agency of the state, designated in Sections 25-3-31 through 25-3-33, shall be paid a salary or compensation, directly or indirectly, in excess of the salary fixed in Section 25-3-31 for the Governor unless the salary of the public officer, public employee, administrator or executive head is fixed by the Legislature, in Sections 25-3-31 through 25-3-33, in an amount exceeding the salary fixed for the Governor in Section 25-3-31.

(2) No public officer, employee or administrator shall be paid a salary or compensation, directly or indirectly, in excess of the salary of the executive head of the state agency or department in which he is employed. The State Personnel Board, based upon its findings of fact, may exempt positions from this subsection when the acquisition of technical or professional services is precluded based on the prevailing wage in the relevant labor market.

SECTION 23. The Attorney General of the State of Mississippi is directed to submit Section 23 of this act, immediately upon approval by the Governor, or upon approval by the Legislature subsequent to a veto, to the Attorney General of the United States or to the United States District Court for the District of Columbia in accordance with the provisions of the Voting Rights Act of 1965, as amended and extended.

SECTION 24. Sections 1 through 22 of this act shall take effect and be in force from and after July 1, 1997; Section 23 of this act shall take effect and be in force from and after July 1, 1997, or the date it is effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended, whichever is later.